No. 18-8392

Obinna Obiora v. United States

Lower Court: First Circuit
Docketed: 2019-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law controlled-substance criminal-procedure drug-conspiracy due-process jackson-standard jackson-v-virginia reasonable-doubt sufficiency-of-evidence
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions with the central conspirators, but where there is an absence of proof beyond a reasonable doubt that those particular transactions involved the controlled substance that is the object of the conspiracy, can the government rely on evidence that the broader conspiracy involved the distribution of the controlled substance to overcome a challenge to the sufficiency of the evidence, or does such reliance violate the defendant's due process rights and this Court's holding in Jackson v. Virginia, 443 U.S. 307 (1979)?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions with the central conspirators, but where there is an absence of proof beyond a reasonable doubt that those particular transactions involved the controlled substance that is the object of the conspiracy, can the government rely on evidence that the broader conspiracy involved the distribution of the controlled substance to overcome a challenge to the sufficiency of the evidence, or does such reliance violate the defendant’s due process rights and this Court’s holding in Jackson v. Virginia, 443 U.S. 307 (1979)? 2. Did the trial judge commit plain error when, after the verdict, he conducted an off record and ex parte poll of the jury for each juror’s recommended sentence, and then considered the median sentence recommended by the jurors in fashioning the ultimate sentence imposed upon the defendant? i

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States to respond filed.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)

Attorneys

Obinna Obiora
Benjamin BrooksGood Schneider Cormier & Fried, Petitioner
Benjamin BrooksGood Schneider Cormier & Fried, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent